The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1887-08-05
DUTIES OF CoNsTABI.Es.

At adjourned court Bloomsbury, Aug
ust /, 1887, Judges Elwell, Murphy and
McHenry on the bench, Judge Elwell said;
Inquiry has been made as TO the duty of
constables under the law passed on the
nty-fourth day of May last, called "The
High-Lcense Law" Inasmuch as the
pamphlet-laws have not yet been printed
and distributed, deem it proper to answer
that inquiry. A law is defined by Black
stone to be "a rule of action, prescribed by
the supreme power of the state, command
ing what is right and prohibiting what is
wrong" 1t seems material that the rule be
prescribed and in this is implied that 1t be
published. Nevertheless,i it has been held by
the supreme court of this state that an act
passed by the legislative body and approv-
ed by the executive is law and that all
persons within the commonwealth are
bound by its provisions, although 1t has
not been promulgated but remains in the
archives of the secretary of the common
wealth.
Under the act spoken of, it is the duty
of a constable to visit each month at least
every place within his bailiwick where liq-
uors are known to be sold either by per-
sons having licenses or by unlicensed per-
sous. Under former acts, the constable's
report to the court of quarter sessions was,
almost invariably, that he knew of no vio-
lation of the liquor laws. The legislature,
undoubtedly aware that tins was the stereo-
typed report, provided that the constable
should put himself in the way of obtaining
knowledge In regard to Illicit traffic in
srirituous, vinous and malt liquors.
Whether this provision for monthly vista
ton win be effective Of the purpose intend
ed remains to be seen. The constable
should not visit at stated periods, nor
should the landlord or restaurant keeper
be informed by any means OF the time
when he may be expected to make his visit
because, in either case-of stated visits or
of notice TO the landlord-the constable
would be sure TO find no violation OF the
law. The spirit and intent of the law is
that the constable shall be active in ascer-
tanning whether or not there is a violation
of the law; therefore, ''at least once a
month";" says the statute, he must make
these visits; and, II he is vigilant and
faithful officer he would make them often
er whenever he had apparently any occas-
ion for doing so Hereafter no blame can
be attached to constable by person en-
gagged in the liquor traffic, that he Is "snoop-
ingn about to scent out some violation OF
the law. Very heavy penalties are impos-
ed upon the officer for failure to perform
this duty of visltatloni not less than five
hundred dollars fine and-if | remember
rightly-not less than two years imprison'
ment The law requires that he shall forth
| with report to the court Of quarter sessions
any violation Of this law that he may dis
cover. The court is not always In session;
| and hold that when 1t is not In session,
the constable must make return forthwith
| TO the office Of the clerk OF the court so thai
the district-attorney may prepare for the
| trial of the case at the coming term WIN
| regard to other matters constables are Io
make quarterly returns as heretofore, and
generally with regard to this also; but they
must forthwith report to the court OF quar-
ter sessions, If in termtime, orto the clerks
office in vacation, any case found In thel
] bailiwick Of violation OF the license law